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CG | BCMR | Other Cases | 2004-022
Original file (2004-022.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2004-022 
 
Xxxxxxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxxx 

 

 
 

FINAL DECISION 

 
ANDREWS, Deputy Chair: 
 
 
This  proceeding  was  conducted  according  to  the  provisions  of  section  1552  of 
title 10 and section 425 of title 14 of the United States Code.  The BCMR docketed the 
applicant’s request for correction on November 10, 2003. 
 
 
members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  July  27,  2004,  is  signed  by  the  three  duly  appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The applicant asked the Board to correct the term of an extension contract in his 
record dated June 10, 2002, from four months to two months.  The applicant alleged that 
he signed the four-month contract in order to obligate sufficient service to attend AVT 
“A” School.  However, he was sent to an earlier session of the school, one which would 
have required only a two-month extension. 
 
 
In support of his allegations, the applicant submitted a copy of the four-month 
extension  contract,  which  shows  that  the  reason  for  the  extension  was  to  obligate 
sufficient service for a “school/training requirement.”  He also submitted a copy of his 
travel orders, which show that he was to attend AVT “A” School from September 30, 
2002,  to  February  14,  2003,  and  that  he  was  required  to  have  31  months  of  obligated 
service upon reporting to the school, in accordance with Article 2.A.2.a.(11) of the Coast 
Guard Training and Education Manual.  In addition, he submitted a copy of a certificate 
showing that he satisfactorily completed AVT “A” School on February 14, 2003. 
 

SUMMARY OF THE RECORD 

 
 
On  July  31,  2001,  the  applicant  enlisted  in  the  Coast  Guard  for  four  years, 
through July 30, 2005.  On June 10, 2002, he extended his enlistment for four months, 
through November 30, 2005, to obligate sufficient service to attend school.  The appli-
cant attended AVT “A” School from September 30, 2002, to February 14, 2003. 
 
 
Figure 2-2 of the Training and Education Manual indicates that members attend-
ing “A” School for 19 weeks are required to have 31 months of obligated service after 
completion of the school.  Article 2.A.2.a.(11) of the manual provides that “[t]his period 
of  obligated  service  will  commence  on  the  date  of  graduation  from  “A”  school.  
Applicant’s [sic] not having the necessary active duty obligated service requirement for 
“A” school remaining on their present contract, must reenlist or sign an Agreement to 
Extend Enlistment to cover the required period prior to departing their unit for school.” 
 

VIEWS OF THE COAST GUARD 

 
 
On March 16, 2004, the Judge Advocate General of the Coast Guard submitted an 
advisory  opinion  in  which  he  recommended  that  the  Board  grant  the  applicant’s 
request.  He based his recommendation on a memorandum on the case prepared by the 
Coast Guard Personnel Command (CGPC). 
 
 
CGPC  stated  that  under  Article  2.A.2.a.(11)  of  the  Training  and  Education 
Manual, members completing a class “A” school with a duration of 19 weeks must have 
a minimum of 31 months of obligated service remaining prior to reporting for school.  
CGPC stated that the applicant’s extension contract was prepared based on a projected 
start  date  for  the  school,  but  “the  applicant’s  class  “A”  school  convened  earlier  than 
anticipated.”  Because the applicant completed “A” School on February 14, 2003, CGPC 
stated,  he  need  only  have  obligated  service  through  September  30,  2005.    Therefore, 
CGPC  recommended  that  the  Board  correct  the  term  of  the  applicant’s  extension 
contract to two months. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On March 17, 2004, the BCMR sent the applicant a copy of the views of the Coast 

 
 
Guard and invited him to respond within 30 days.  No response was received. 
 

FINDINGS AND CONCLUSIONS 

 
 
The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 
applicant's military record and submissions, the Coast Guard's submissions, and appli-
cable law: 
 

1. 

2. 

The Board has jurisdiction over this matter pursuant to the provisions of 

 
10 U.S.C. § 1552.  The application was timely. 
 
The  applicant  attended  AVT  “A”  School  from  September  30,  2002,  to 
 
February 14, 2003.  Although this period is 20 weeks long, CGPC stated that the training 
lasted for 19 weeks in total.1  In accordance with Figure 2-2 and Article 2.A.2.a.(11) of 
the  Training  and  Education  Manual,  members  such  as  the  applicant  who  attend  “A” 
School  for  19  weeks  are  required  to  have  31  months  of  obligated  service  remaining 
upon the date of graduation.  Therefore, to attend the school, the applicant was required 
to have obligated service through September 14, 2005. 
 
 
The  termination  date  of  the  applicant’s  original  enlistment  contract  was 
July 30, 2005.   Therefore, to attend the school, he need only have extended his enlist-
ment for two months, from July 31, 2005, to September 30, 2005.  
 
 
The  applicant  alleged  and  CGPC  admitted  that  the  applicant  signed  the 
four-month extension contract based on a projected start date for the “A” School that 
was  erroneous  in  that  the  school  actually  began  about  two  months  earlier  than 
anticipated.  The Board finds that the term of the extension contract is therefore in error 
and that the applicant is entitled to the correction he has requested. 
 
 
 
 

Accordingly, relief should be granted. 

5. 

  

3. 

4. 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

                                                 
1 The Board assumes that there was a one-week school holiday in December. 

ORDER 

 

The  application  of  xxxxxxxxxxxxxxxxx,  USCG,  for  correction  of  his  military 
record  is  granted.    The  Coast  Guard  shall  correct  the  term  of  his  extension  contract 
dated June 10, 2002, from four months to two months.   

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 
 Quang D. Nguyen 

 

 

 
  Darren S. Wall 

 

 

 
 
 Eric J. Young 

 

 

 

 

 

 

 

 

 



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